KRISHNANKUTTY Vs. SPECIAL TAHSILDAR FOR LAND ACQUISITION

JUDGEMENT

(1.) Two common judgments passed by the Subordinate Judges Court, Ottappalam are under challenge in the above land acquisition appeals. Since the property acquired in all these cases are situated adjoining each other and since the acquisition is for the very same purpose, these appeals are considered together and disposed of through this common judgment.

(2.) The first among the common judgments impugned herein is the judgment in LAR No.19/2012 and connected cases, dated 28.10.2014. The second batch is the judgment in LAR No.27/2012 and connected cases, dated 31.10.2014. LAA Nos. 497/2015, 490/2015, 520/2015 and 469/2015 are the appeals filed by the State against the common judgment in LAR Nos.28/2012, 29/2012, 27/2012 and 30/201 L.A.A.Nos.122/2015, 124/2015, 125/2015 and 123/2015 are the appeals filed by the claimants against the judgments in those cases. The State had filed L.A.A.Nos.42/2017, 14/2017, 26/2017 and 427/2016 against the common judgment in LAR Nos.31/2012, 19/2012, 20/2012 and 21/201 There is no appeals or cross objections filed by the claimants in those cases.

(3.) The acquisition in question was for construction of the industrial park for KINFRA at Ottappalam. The properties acquired were situated within the limits of Lakkidi-Perur-I village in Ottapalam Taluk. The date of publication of the notification under Section 4(1) of the Land Acquisition Act with respect to LAR No.28/2012 and connected cases was on 22.2010 and with respect to LAR No.31/2012 and connected cases was on 19.6.2010. The Land Acquisition Officer (LAO) awarded land value at the rate of Rs.10, 000/- per cent for the properties acquired in LAR No.28/2012 and connected cases. With respect to acquisition in LAR No.31/2012 and connected cases, the LAO awarded land value at the rate of Rs.11, 500/-. The reference court allowed increase and re-fixed the land value in the first batch of cases at Rs.35, 000/- per cent and in the second batch of cases at Rs.40, 000/- per cent. The State Government (acquisitioning authority) is challenging the judgments on the ground that the land value re-fixed by the reference court is excessive and exorbitant. The claimants in LAR No.28/2012 and connected cases are approaching this court seeking enhancement of the land value, on the basis that the value fixed by the reference court is inadequate and unreasonable.